Do not take bookings for middle seat after June 6, Supreme Court tells Air India

The Supreme Court on Monday allowed Air India to continue operating its non-scheduled flights with their middle seats filled till June 6.

The Supreme Court on Monday allowed Air India to continue operating its non-scheduled flights with their middle seats filled till June 6 to bring back Indians who are stranded abroad and asked it to follow the interim order passed by the Bombay High Court post the date.

The apex court also said that the government should be more concerned about the health of citizens rather than the health of commercial airlines.

Both Air India and Centre had approached the court to challenge Bombay High Court's interim order that questioned the airline's decision for not keeping the middle seats vacant in international flights.

The appeal was heard by a bench of Chief Justice SA Bobde and Justice AS Bopanna who took up the appeal on an urgent basis through video conferencing despite Monday being the Eid holiday.

The bench further remanded the matter back to the Bombay High Court and asked it to pass an effective interim order after hearing all concerned on the date fixed by it, June 2, or soon thereafter.

Appearing for the Centre and Air India, Solicitor General Tushar Mehta said that due to the directions of the high court a lot of anxiety and difficulties have arisen among the passengers who are stranded on foreign soil after they were issued tickets for travel.

Disposing off the appeal, the bench said that authorities must consider the importance of maintaining social distancing as a shoulder to shoulder sitting is dangerous, due to the contagious pandemic.

"We make it clear that the Director General of Civil Aviation is free to alter any norms he may consider necessary during the pendency of the matter in the interest of public health and safety of the passengers rather than of commercial considerations," the bench said in its order.

Noting that there might be chances of transmission if people are sitting with each other, the bench asked, "Will the virus know it is in the aircraft and it is not supposed to infect?"

On May 22, the Bombay High Court sought a response from Air India and the Directorate General of Civil Aviation (DGCA) on a petition of Air India pilot Deven Kanani, who had claimed that the airline was not following safety measures for COVID-19 while bringing back Indians stranded abroad.

Air India and DGCA were then directed to file affidavits clarifying their stand and posted the petition for further hearing on June 2.